DOCSLIB.ORG

Consultation on the Impact of Intellectual Property Regimes on the Enjoyment of Right to Science and Culture

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Consultation on the Impact of Intellectual Property Regimes on the Enjoyment of Right to Science and Culture Ms. Farida Shaheed Special Rapporteur in the field of cultural rights Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais des Nations CH-1211 Geneva 10 Switzerland [email protected] 15 September 2014 Dear Ms Farida Shaheed, Consultation on the impact of intellectual property regimes on the enjoyment of right to science and culture The IPA is the international federation of national publishers associations, representing all aspects of book and journal publishing from around the world. Our 60 members represent book and journal publishers (paper and digital) from over 50 countries. Established in 1896, IPA‟s mission is to promote and protect publishing and to raise awareness for publishing as a force for economic, cultural and political development. IPA is an industry association with a human rights mandate. Around the world, IPA actively fights against censorship and promotes copyright, literacy and freedom to publish. We are an active member of the International Freedom of Expression Exchange (IFEX) and have a long track record of collaboration with International PEN, Amnesty International, the International Federation of Journalists and many others. Many of our member publishers associations and their publishers are passionate about protecting human rights and active in promoting them. We would like to thank you for the opportunity to present our perspective on the impact of intellectual property regimes on the enjoyment of right to science and culture. It is our view that human rights and intellectual property rights are not only compatible, but also mutually supportive and interdependent. Copyright in particular, is a success story. It has proven to be a powerful tool to strengthen science and culture, improve participation in them, and provide a legal framework that confers such rights and enables policies to promote them. This is particularly true in the online environment, where copyright laws enable science and culture to prosper, and are giving scientists, creators and publishers new economic ways of exercising their profession, creating the diversity of content and services that a rapidly growing majority of the world‟s population is able to participate in. Copyright creates a marketplace that 2 3, avenue de F r a n c e • C H – 1202 G e n e v a Tel: +41 22 7 0 4 1 8 2 0 • Fax: +41 22 7 0 4 1 8 2 1 [email protected] International Publishers Association empowers citizens, and reduces the need for government interference with culture and science, a welcome state of affairs, in particular from the human rights perspective. Our submission is attached. It is limited to copyright as the fundamental legal basis for the human rights that creators and publishers exercise in their professions. We look forward to participating in the on-going debate on this issue and would be happy to present our views in any future publications, conferences or debates. Yours sincerely, Jens Bammel Secretary General www.internationalpublishers.org 2 International Publishers Association The Impact of Copyright on the Enjoyment of Right to Science and Culture 1. Introduction: Copyright and the human rights of creators, scientists and publishers The fundamental dilemma that this consultation is concerned with is how states ought to deal with different human rights that protect different types of individual freedoms. It is a question, principally, of how to reconcile the human right to “benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author1” with the right to “take part in cultural life” and the right to “enjoy the benefits of scientific progress and its applications”. The fact that these rights are mentioned in the same article of an international covenant illustrates how deeply interwoven they are and how artificial any hierarchies would be if applied here. IPA does not support abstract notions of hierarchies between different human rights at hand. None of the rights being discussed could exist without the others and the more that public policy incentivises creation, without interfering with the other rights, the more cultural and scientific output there would be to enjoy. For publishers, copyright is the main intellectual property right. It enables them to collaborate with scientists, writers, musicians and other cultural stakeholders so they can all, jointly, benefit from the shared skills, creativity, and resources invested in creating and publishing scholarly, literary and artistic works. Copyright (understood as encompassing both economic and moral rights) is a concretisation of the human rights of creators: their freedom of to create science, their freedom of expression. It also underpins publishers‟ freedom to publish — a term which subsumes a number of individual human rights including freedom of expression, freedom of the press, freedom to exercise a profession, the holding of property rights etc. Through copyright and through licensing, authors and publishers exercise their right to determine how they wish to impart information, and how they wish their works to be reproduced, translated, adapted, distributed or made available — each of which are essential aspects of their freedom of expression. The right to be recognised as the author of a text and to lay claim on certain discoveries or ideas are equally important aspects of these rights. 2. Copyright as a tool to promote human rights Copyright creates a marketplace for literary and artistic works. Some criticise that such scarcity can create an obstacle to the exercise of certain human rights because it discriminates between those who can and cannot afford to pay. Similar arguments, however, have long been discarded for other essential needs, where commercial providers have actually enhanced human rights. For example, the enterprises that produce food, provide electricity or enable Internet connectivity operate in commercial markets. For consumers too poor to participate in these markets, governments must step in and support access. Two clear, contemporary examples in the copyright field are public authorities complementing the commercial book trade by providing universal access through state-owned libraries, and publishers themselves providing heavily subsidised special access to scholarly journals in least developed countries. Historically, copyright has proven to be a remarkably successful incentive to promote culture and science globally and across economic, social and class divides. It has created complex cultural industries where previously there were none. And it has enabled creators and publishers to invest their livelihoods in the creation and publication of works. The shift from patronage and government grants to reader-pay-models from the 16th century on has empowered readers and democratised publishing. The vast majority of people, too poor to be patrons of writers or publishers have been able to support them by becoming customers. This 1 See Article 15.1. (c), International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted 16 December 1966 www.internationalpublishers.org 3 International Publishers Association shift provided dissenters and innovators with economic independence and unprecedented freedom. It has led to a rich diversity of publications covering all political, cultural and scientific perspectives. It has driven innovation and created new genres and types of publications as the needs of consumers evolved. Publishing output has become increasingly abundant and affordable. It is no accident that these developments coincided with the Enlightenment and the embrace of the scientific method in the West. Where copyright has taken root, it empowers small- and medium-sized businesses and empowers local communities. With their knowledge of local needs and conditions these businesses have been able to widen access and improve distribution of cultural benefits and consumer goods in distant or difficult-to-reach markets in developing countries. Copyright has proven to be an ideal tool to foster more investment in micro-businesses and access initiatives that yield employment opportunities, empowerment and more freedom and entrepreneurship at the local level. 3. Copyright and the Internet The Internet has created new ways of communication, information sharing, education and expression. Never before has so much information been available to so many at such low costs. The adoption of new technologies and behaviours is reaching developing and least developed countries fast. Because so much content is freely available on the Internet, some commentators assume that copyright is not required in this space, or that it is an obstacle to the proliferation and sharing of works, or that it inherently hinders access. In fact, copyright is a powerful tool for choice. Many of the corporations that provide content seemingly “for free” rely heavily on copyright to support their business models. For example, services that provide news, maps, social discussion, content storage or file sharing would not be possible without copyright protection that allows these businesses to regulate the use of their content. Copyright does not prevent individuals or governments from placing their content in the public domain for free or offering it under very generous licensing terms. Creative Commons and many other initiatives promoting wide dissemination of information actually use copyright law to facilitate access. Advertising-based
Load more

Recommended publications
  • Digital Copyright Law Exploring the Changing Interface Between
    Digital Copyright Law Exploring the Changing Interface Between Copyright and Regulation in the Digital Environment Nicholas Friedrich Scharf PhD University of East Anglia UEA Law School July 2013 Word count: 98,020 This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that use of any information derived there-from must be in accordance with current UK Copyright Law. In addition, any quotation or extract must include full attribution. Abstract This thesis seeks to address and clarify the changing interface between copyright law and other forms of regulation in the digital environment, in the context of recorded music. This is in order to explain the problems that rightsholders have had in tackling the issue of unauthorised copyright infringement facilitated by digital technologies. Copyright law is inextricably bound-up with technological developments, but the ‘convergence’ of content into a single digital form was perceived as problematic by rightsholders and was deemed to warrant increased regulation through law. However, the problem is that the reliance on copyright law in the digital environment ignores the other regulatory influences in operation. The use of copyright law in a ‘preventative’ sense also ignores the fact that other regulatory factors may positively encourage users to behave, and consume in ways that may not be directly governed by copyright. The issues digital technologies have posed for rightsholders in the music industry are not addressed, or even potentially addressable directly through law, because the regulatory picture is complex. The work of Lawrence Lessig, in relation to his regulatory ‘modalities’ can be applied in this context in order to identify and understand the other forms of regulation that exist in the digital environment, and which govern user behaviour and consumption.
    [Show full text]
  • Copyright Protection for Data Obtained by Remote Sensing: How the Data Enhancement Industry Will Ensure Access for Developing Countries J
    Northwestern Journal of International Law & Business Volume 11 Issue 2 Fall Fall 1990 Copyright Protection for Data Obtained by Remote Sensing: How the Data Enhancement Industry Will Ensure Access for Developing Countries J. Richard West Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njilb Part of the Air and Space Law Commons, Intellectual Property Commons, and the International Law Commons Recommended Citation J. Richard West, Copyright Protection for Data Obtained by Remote Sensing: How the Data Enhancement Industry Will Ensure Access for Developing Countries, 11 Nw. J. Int'l L. & Bus. 403 (1990-1991) This Comment is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Law & Business by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright Protection For Data Obtained By Remote Sensing: How the Data Enhancement Industry Will Ensure Access for Developing Countries I. INTRODUCTION The use of remote sensing of the earth by satellite' has grown tre- mendously since the United States launched the first such satellite, Land- sat 1, in 1972.2 In 1984, the Land Remote Sensing Commercialization Act3 began the gradual transfer4 of the United States Landsat program to the private sector. The Earth Observation Satellite Company (EOSAT) is the private operator licensed pursuant to the Act5, and is preparing to launch the first privately-operated remote sensing satellite, Landsat 6, in 1991.6 The Commercialization Act requires operators to make raw data7 1 Remote sensing from space is best defined as "a methodology to assist in characterizing the nature and condition of the natural resources, natural features and phenomena, and the environment of the earth by means of observations and measurements from space platforms." PROGRESS REPORT OF THE WORKING GROUP ON REMOTE SENSING OF THE EARTH BY SATELLITES ON THE WORK OF ITS SECOND SESSION, U.N.
    [Show full text]
  • INTELLECTUAL PRIVILEGE: Copyright, Common Law, and The
    INTELLECTUAL PRIVILEGE Copyright, Common Law, and the Common Good TOM W. BELL Arlington, Virginia Founders’ Copyright 2014 by Tom Bell. (See opposite for more information.) Second printing, April 2018 Printed in the United States of America Mercatus Center at George Mason University 3434 Washington Blvd., 4th Floor Arlington, VA 22201 www.mercatus.org 703-993-4930 Library of Congress Cataloging-in-Publication Data Bell, Tom W. Intellectual privilege : copyright, common law, and the common good / Tom W. Bell. pages cm ISBN 978-0-9892193-8-9 (pbk.) -- ISBN 978-0-9892193-9-6 (e-book (kindle)) 1. Copyright--United States. I. Title. KF2994.B45 2014 346.7304’82--dc23 2014005816 COPYRIGHT NOTE Not long ago, in “Five Reforms for Copyright” (chapter 7 of Copyright Unbalanced: From Incentive to Excess, published by the Mercatus Center at George Mason University in 2012), I suggested that the United States should return to the kind of copyright the Founders supported: the one they created in their 1790 Copyright Act. The Founders’ copyright had a term of only fourteen years with the option to renew for another fourteen. It conditioned copyright on the satisfaction of strict statutory formali- ties and covered only maps, charts, and books. The Founders’ copyright protected only against unauthorized reproductions and offered only com- paratively limited remedies. This book follows through on that policy advice. The Mercatus Center and I agreed to publish it under terms chosen to recreate the legal effect of the Founders’ 1790 Copyright Act. For example, the book’s copy- right will expire in 2042 (if not before), and you should feel free to make a movie or other derivative work at any time.
    [Show full text]
  • Cultural Control and Globalization in Asia
    017.qxd 9/29/2006 2:28 PM Page 1 Batch number: 1 CHECKLIST (must be completed before press) (Please cross through any items that are not applicable) Front board: Spine: Back board: ❑ Title ❑ Title ❑ ISBN ❑ Subtitle ❑ Subtitle ❑ Barcode ❑ Author/edited by ❑ Author/edited by Laikwan Pang IN ASIA AND GLOBALIZATION CONTROL CULTURAL ❑ Series title ❑ Extra logo if required ❑ Extra logo if required Cultural Control and General: ❑ Book size Globalization in Asia ❑ Type fit on spine Copyright, piracy, and cinema CIRCULATED Date: SEEN BY DESK EDITOR: REVISE NEEDED Initial: Date: APPROVED FOR PRESS BY DESK EDITOR Initial: Date: Laikwan Pang ,!7IA4BISBN 978-0-415-35201-7 Routledge Media, Culture and Social Change in Asia www.routledge.com ï an informa business PC4 Royal Demy B-format Spine back edge Laik-FM.qxd 16/11/05 3:15 PM Page i Cultural Control and Globalization in Asia When does inspired creativity become plagiarism? What is the difference between video piracy and free trade? Globalization has made these hot button issues today, and Pang Laikwan’s Cultural Control and Globalization in Asia shows us why. Her analyses of, for example, stylized violence in the production of an Asian cinematic identity and Kill Bill’s copying of it versus attempts to control copying of DVDs of Kill Bill, are vivid and vital reading for anyone who wants to understand the forces shaping contemporary Asian cinematic culture. Chris Berry, Professor of Film and Television Studies, Goldsmiths College, University of London This book makes a valuable contribution to discussions of global film culture. Through an original exploration of the role of “copying” in Asian (and American) cinema, Pang offers us new ways to think about issues ranging from copyright to the relations between global and local cinematic production.
    [Show full text]
  • View Publishing
    KNOWLEDGE, CULTURAL PRODUCTION, AND CONSTRUCTION OF THE LAW: AN IDEOGRAPHIC RHETORICAL CRITICISM OF <COPYRIGHT>. Suzanne V. L. Berg A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2013 Committee: Michael L. Butterworth, Advisor Kristen Rudsill Graduate Faculty Representative Victoria Smith Ekstrand Joshua D. Atkinson ii ABSTRACT Michael L. Butterworth, Advisor Copyright is in theory a neutral legal instrument, but in practice copyright functions as an ideological tool. The value of creative content in culture vacillates between the rhetorical poles of progress and profit within copyright law. This study is an ideographic rhetorical critique of <copyright>. Ideographs are rhetorical containers of ideology that publics use to define various aspects of culture. Some ideographs are contained within the dialogue of a topic. I argue five terms that make up the ideographic grammar of <copyright>: public domain, fair use, authorship, ownership, and piracy. The public domain is the space where <copyrighted> material enters when the term of protection expires. The public domain expresses the ideology that creative material belongs to the people who consume content. Fair use is the free speech exception to copyright law that allows for certain types of infringement. Fair Use is the ideology in which the use of creative work belonging to others must be fairly represented. Authorship is how an author creates content and how an audience consumes it. Authorship is an ideology focused on progress towards the process of creating content as motivated by an author. The question at the center of authorship is who controls content: the author or the public.
    [Show full text]
  • The Copyright Wars
    © Copyright, Princeton University Press. No part of this book may be distributed, posted, or reproduced in any form by digital or mechanical means without prior written permission of the publisher. 1 The Battle between Anglo- American Copyright and European Authors’ Rights Works are created by their authors, reproduced and distributed by their disseminators, and enjoyed by the audience. These three actors, each with their own concerns, negotiate a delicate dance. Most gen- erally, all must be kept content: the author productive, the dissemi- nator profitable, and the audience enlightened. Get the balance wrong and things fall out of kilter. If authors become too exacting, the audience suffers. If the disseminators are greedy or the audience miserly, culture and eventually the public domain dessicate. But within these extremes there is much room for adjustment. Will copyright laws take as their first task protecting authors? Or will they consider the audience and the public domain also as impor- tant? Seen historically, that has been the fundamental choice faced as copyright developed in the Anglo- American world and in the major continental European nations, France and Germany. Each po- sition has much to recommend it: public enlightenment for one, nurturing high- quality culture for the other. Neither can exist alone. The choice between them has never been either/or but always a question of emphasis, a positioning along a spectrum. And yet the battle between these views has also been what the Germans call a Kulturkampf, a clash of ideologies and fundamental assumptions, that has stretched back well over two centuries. The laws governing how artists, writers, musicians, choreographers, directors, and other authors relate to their works are usually called “copyright” in English.
    [Show full text]
  • IFPI and Economists on File-Sharing and the Music Industry a Literature Review
    IFPI and Economists on File-Sharing and the Music Industry A Literature Review Volker Grassmuck Draft, 14. May 2010 (Please do not circulate) for Acesso a bens educacionais e culturais no Brasil Projeto de Pesquisa de Grupo de Pesquisa em Política Pública para o Acesso à Informação Escola de Artes, Ciências e Humanidades Universidade de São Paulo Table of Contents Introduction..........................................................................................................................................2 The IFPI Claims...................................................................................................................................6 The studies..........................................................................................................................................10 Data and methodology...................................................................................................................13 A brief evolution of P2P research..................................................................................................17 Overview of the studies.................................................................................................................26 Summary........................................................................................................................................30 Alternative explanations for the decline in CD sales.....................................................................31 Preliminary findings on trends in the music industry....................................................................34
    [Show full text]
  • Reason Or Madness: a Defense of Copyright's Growing Pains Marc H
    Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship 2007 Reason or Madness: A Defense of Copyright's Growing Pains Marc H. Greenberg Golden Gate University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.ggu.edu/pubs Part of the Intellectual Property Law Commons Recommended Citation 7 J. Marshall Rev. Intell. Prop. L. 1 (2007) This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW REASON OR MADNESS: A DEFENSE OF COPYRIGHT’S GROWING PAINS MARC H. GREENBERG ABSTRACT A growing conflict between the creators and owners of expressive works protected by copyright law and the community of users and distributors of those works has focused on whether the law is so restrictive that it no longer meets the constitutional mandate that intellectual property law should serve to promote the growth and development of useful and expressive works. Has the scope of copyright's growth been reasonable, or are its restrictions madness, and harmful to the development and distribution of art? This article explores the seven leading criticisms leveled against copyright's expansion, and examines one recent effort at legislative reform (the Orphan Works Act of 2006), and concludes that while improvements remain needed, the recent growth has been a measured and reasonable response to the divergent needs of the creators and users of works protected by copyright.
    [Show full text]
  • A Conceptual Framework for Copyright Philosophy & Ethics
    Nova Southeastern University NSUWorks Faculty Scholarship Shepard Broad College of Law Summer 1-1-2003 Normative Copyright: A Conceptual Framework for Copyright Philosophy & Ethics Jon M. Garon Follow this and additional works at: https://nsuworks.nova.edu/law_facarticles Recommended Citation Jon M. Garon, Normative Copyright: A Conceptual Framework for Copyright Philosophy & Ethics, 88 CORNELL L. REV. 101 (2003). This Article is brought to you for free and open access by the Shepard Broad College of Law at NSUWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of NSUWorks. For more information, please contact [email protected]. CORNELL LAW REVIEW Volume 88 July 2003 Number 5 ARTICLES UNIDIMENSIONAL FEDERALISM: POWER AND PERSPECTIVE IN COMMERCE CLAUSE ADJUDICATION ......... Robert A. Schapiro 1199 & William W Buzbee NORMATIVE COPYRIGHT: A CONCEPTUAL FRAMEWORK FOR COPYRIGHT PHILOSOPHY AND ETHICS ....... Jon M. Garon 1278 HARMONIZING SUBSTANTIVE-CRIMINAL-LAW .VALUES AND CRIMINAL PROCEDURE: THE CASE OF ALFORiD AND NOLO CONTENDERE PLEAS ................... Stephanos Bibas 1361 STRAINING AT GNATS AND SWALLOWING CAMELS: THE SELECTIVE MORALITY OF PROFESSOR BIBAS ......................... Albert W Alschuler 1412 BRINGING MORAL VALUES INTO A FLAWED PLEA-BARGAINING SYSTEM ............ Stephanos Bibas 1425 NOTES HANGING BY YARNS?: DEFICIENCIES IN ANECDOTAL EVIDENCE THREATEN THE SURVIVAL OF RACE-BASED PREFERENCE PROGRAMS FOR PUBLIC CONTRACTING ................. Jeffrey M. Hanson 1433 STRUCTURING THE PROSECUTOR'S DUTY TO SEARCH THE INTELLIGENCE COMMUNITY FOR BRADY MATERIA1 ...................... Mark D. Villaverde 1471 NORMATIVE COPYRIGHT: A CONCEPTUAL FRAMEWORK FOR COPYRIGHT PHILOSOPHY AND ETHICS Jon M. Garont This Article explores the theoretical underpinnings of copyright to deter- mine which theories provide an appropriate basis for copyright.
    [Show full text]
  • Napster and the New Economics of Digital Technology Raymond Shih Ray Kut
    The Creative Destruction of Copyright: Napster and the New Economics of Digital Technology Raymond Shih Ray Kut To determine whether sharingmusic over peer-to-peernetworks such as Napster should be consideredcopyright infringement, we must first conclude that digital works are entitled to copy- rightprotection. This Article arguesagainst copyrightprotection for digital works because the eco- nomics of digital technology undercuts priorassumptions about the efficacy of a private property regimefor information, a public good. Questioningthe conventional wisdom that the two interests served by copyright, creation and public dissemination,are aligned, the Article reveals that the ar- gument for copyright is primarily an argument for protecting content distributorsin a world in which middlemen are obsolete Copyright is no longer needed to encourage distributionbecause consumers themselves build andfund the distribution channels for digital content With respect to the creation of music this Article argues that exclusive rights to reproduce and distribute copies provide little if any incentive for creation, and that digital technology makes itpossibleto compen- sate artists without control INTRODUCTION That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improve- ment of his conditions, seems to have been peculiarly and benevo- lently designed by nature, when she made them, like fire, expand- able over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Thomas Jefferson' The combination of the Internet and digital technology presents copyright law with what has been described as a digital dilemma.2 On t Associate Professor of Law; Director, Institute of Law, Science & Technology, Seton Hall University School of Law.
    [Show full text]
  • On the Theoretical Foundations of the Principle of Free Flow of Information As Applied to Copyright
    On the Theoretical Foundations of the Principle of Free Flow of Information as Applied to Copyright Viveca Still 1 Criticism of Current Copyright Reforms and the Need to Shed Light on Shifts in the Copyright Paradigm ………………… 204 2 Theoretical Foundations of the Free Flow of Information ………………... 207 2.1 A Liberalist Approach …………………………………………………... 207 2.2 A Socially Aware and a Socially Fair Approach ……………………….. 208 2.3 Combining Civil Rights with Law & Economics ………………………. 210 2.4 Information Policy as the Framework for Copyright Policy …………… 214 2.5 An Instrumental Approach to Information ……………...……………… 216 2.6 An Additional Theory Justifying and Restricting Copyright …………… 217 2.7 Free Flow of Information is not Opposed to the Idea of Copyright ……. 219 3 Concluding Remarks ………………………………………………………… 219 © Stockholm Institute for Scandianvian Law 1957-2010 204 Viveca Still: Theoretical Foundations of Free Flow of Information… 1 Criticism of Current Copyright Reforms and the Need to Shed Light on Shifts in the Copyright Paradigm There is an increasing concern that the reform of copyright law threatens the delicate balance in copyright law. Already with the advent of the WIPO Copyright Treaty (WCT) prominent legal observers such as Paul Goldstein pointed out the risks of incorporating alien elements in the copyright law (in this case the legal protection of technological measures), as such elements are bound to disturb the existing copyright balance.1 Today one can easily observe a rising concern that copyright is tipping too much in favor of copyright holders to the detriment of public and non-commercial private interests. Inadvertently Goldstein’s article points out an important feature of the copyright system; changes in one part of the system have infallible consequences on other parts of the system.
    [Show full text]
  • International Copyright and Intellectual Property Law
    EDWARD HUMPHREYS (ed.) International Copyright and Intellectual Property Law Challenges for Media Content Producers Media Management and Transformation Centre Jönkoping International Business School P.O. Box 1026 SE-551 11 Jönköping Sweden Tel. + 46 36 15 77 00 E-mail: [email protected] www.jibs.se International Copyright and Intellectual Property Law: Challenges for Media Content Producers JIBS Research Report Series No. 2008-2 Research Report © Edward Humphreys and Jönköping International Business School 2008 Individual Chapters © the respective contributors 2008 ISSN 1403-0462 ISBN 91-89164-88-1 Printed by Ark Tryckaren AB 2 Foreword Copyright and related rights are central factors in media businesses and, in many cases, represent the largest assets of firms. Globalization and digitalization have increased the means of exploiting those rights, but those factors have simultaneously produced threats to the abilities of companies to financially benefit from their content. Recognizing the importance of international law on the subject, the Media Management and Transformation Center (MMTC) organized an invitational summit on the topic in Stockholm during October 2007. It brought together leading intellectual property scholars, policymakers, and company experts to explore contemporary issues and challenges involving copyright and related rights. This book includes presentations and summaries of discussions held during that meeting. It is edited by Edward Humphreys, a lecturer in commercial law and intellectual property at Jönköping International Business School and a researcher in MMTC. He is a solicitor in the United Kingdom, holds a postgraduate diploma in intellectual property law and practice, and has practiced law in the fields of intellectual property, e-commerce and commercial contracts.
    [Show full text]